Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 351, Novembre 2008

Cas no 2566 (Iran (République islamique d')) - Date de la plainte: 25-MAI -07 - En suivi

Allegations: The complainant organization alleges the continued repression of teachers and the obstruction of their exercise of legitimate trade union activities, including the arrest and detention of teachers following protest demonstrations

1. 910. The complaint is contained in a communication dated 25 May 2007. The complainant submitted additional information in communications dated 29 January and 28 February 2008.
2. 911. The Government submitted its observations in a communication dated 14 May 2008.
3. 912. The Islamic Republic of Iran has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 913. In its communication of 25 May 2007, the complainant states that in the last few years separate teachers’ groups have been formed, many of which are registered with the Interior Ministry as authorized teachers’ organizations. In order to coordinate their activities, 34 of these organizations had recently come together as the Coordinating Council of Cultural Workers’ Associations (hereafter referred to as the “CCCWA”). The first declaration of the CCCWA was published on 4 February 2007. The most active of the groups within the CCCWA is the Teachers Trade Association of Iran (Kanoone Senfiye Moallepiane Iran, hereafter referred to as “ITTA”), which is led by Superintendent Ali Akbar Baghani and spokesperson Beheshti Langroodi and has numerous affiliates nationwide. Another group is the Teachers Association of Iran (Sazmane Moallemaneh Iran, hereafter referred to as “TAI”), led by Mr Alireza Hashemi.
2. 914. Since the Republic’s inception, teachers have fought for the right to pay equal to other government workers, regular pay raises, and the right to form unions. On 22 January 2002, teachers in Kennanshah protested for the “restoration of our dignity, help with our financial situation and livelihoods, and the right to form a union”, and on 23 January 2002 teachers in Isfahan protested for “their livelihoods, and the rights to form a labour association”. These early protests were repressed, however; one example of this occurred on 26 January 2002, when numerous teachers were arrested after protests. This incident was referred to in the first declaration of the CCCWA, published on 4 February 2007.
3. 915. More recently, teachers’ protests began in January 2007 and grew successively larger and larger, eventually encompassing some 12,000 teachers from across the country by mid-March 2007. On 23 January 2007, the ITTA demonstrated from 13.00 to 17.00 in front of the Parliament in Tehran to protest the Council of Guardians’ possible rejection of the Pay Parity Bill, which is widely viewed as the teachers’ best hope for achieving a living wage. The ITTA warned that if the Government repealed the Bill, the teachers would go on strike; a protest of academics from Tehran and other townships was also held. The Government did not respond to this protest, and the teachers’ demands went unanswered. The second protest occurred on 5 February 2007, and about 1,500 teachers from across the country participated. Teachers’ associations announced that if the Parliament did not pass the Pay Parity Bill teachers’ protests would continue, and sit-ins at schools would be staged on 19 and 20 February 2007. These protests were also ignored by government officials.
4. 916. On 3 March 2007, about 10,000 teachers protested in front of the Parliament, but their demands were once again ignored. Some parliament spokesmen admonished the teachers, claiming they were being “impatient”. On 4 March 2007, the ITTA announced that teachers would be on strike on 6 March 2007 unless the Pay Parity Bill was enacted. On 6 March 2007, several thousand teachers gathered for the second time that week in front of Parliament. This time, the military and security forces were present. The teachers also protested in front of the Departments of Education in townships and cities including Gilan, Isfahan, Harnadan, Kennanshah, Kurdistan, Shiraz, Ardabil, Astaueyeli Ashrafieb, Pakdasht, Khomeinishahr, Dezftif, and Khorasan. On 7 March 2007, the ITTA announced that the teachers would strike on 8 March 2007 if the Pay Parity Bill was not passed.
   • First arrests
5. 917. At around midnight on 7 March 2007, plain-clothes agents from the Security and Intelligence Ministry visited the homes of more than 20 teachers’ union leaders, including ITTA Superintendent Ali Akbar Baghani, ITTA spokesperson Mr Beheshti Langroodi, Alireza Hashemi, the Superintendent of the TAI, and Mohammad Davari and Ali Poursoleiman, members of the CCCWA. They were arrested, without warrants and without being charged, and were taken to undisclosed locations. The largest protest yet of the teachers in front of Parliament was then held on 8 March 2007, in time for the proceedings of Parliament, which was about to address the Pay Parity Bill. Military and security forces had closed surrounding bus stops and metro stops and severed all means of communication, including cellular phones and Internet cafes. Nevertheless, thousands of teachers staged protests in favour of the passage of the Pay Parity Bill. All of the arrestees were eventually released in the early morning of 8 March 2007.
   • Further threats and arrests
6. 918. The protests of 8 March 2007 resulted in promises by parliamentary leaders to meet with the teachers’ representatives in the presence of the Education Minister. A meeting was scheduled for 13 March 2007. Up to this point, the Education Ministry had remained completely silent on the matter of the teachers’ protests, and the Government had been completely unresponsive to the teachers’ demands. However, the Government stated that the meeting in Parliament could only take place on condition that all further protests cease and the teachers return to their classrooms. Therefore, on 12 March 2007, Superintendent Baghani announced that all further protests would be on hold pending the meeting with the parliamentary leaders. The teachers’ groups selected a delegation of 12 representatives to attend the meeting, which took place inside the parliament building. Contrary to what had been announced, the teachers’ representatives were met by only two Members of Parliament, who did all the talking. There was no one from the Ministry of Education and only one representative from the Planning and Budget Organization, who remained silent throughout the entire meeting. However, there were three representatives from the Security and Intelligence Ministry present, as well as three representatives from the military forces, giving the clear impression that the Government wished to strong-arm the teachers into silence. Additionally, the Speaker of Parliament Mr Koohkan stated: “We do not understand the word ‘discussion’. Your pressure has no effect on our decision-making. Whether you are present or absent, it makes no difference in our minds.”
7. 919. On the evening of 12 March 2007, in the City of Kermanshah, the Head of the Kermanshah ITTA Mr Sadeghi, who was to participate in the meeting with Parliament, was arrested on unknown charges. When other members of the Kermanshah ITTA went to the authorities to inquire about his arrest, two more teachers, Mr Heshmati and Mr Tavakoli, were also detained. Academics in Kermanshah protested in front of the Department of Education on 13 March 2007, demanding the teacher activists’ release.
   • Expansion of arrests
8. 920. After the breakdown in communications between the Government and the teachers’ groups, another gathering was scheduled for 14 March 2007 in which the academics were to hear the results of the parliamentary meeting. By daybreak, hundreds of security, intelligence and military men were out in force, stopping buses with protesters on board and threatening to arrest them all. At the Parliament, approximately 50 to 60 protesters were arrested including Mr Baghani and Mr Beheshti Langroodi. Pedestrians in the area were all assumed to be protesters and were not allowed to step on the sidewalks; when groups of teachers dared to do so, the anti-riot guards immediately assaulted them with clubs and fists.
9. 921. As the number of arrests grew, teachers were first held in a vacant lot at a nearby dilapidated school and later transferred to the basement of a government building. The military forces had tight control over most of the parliamentary area and stopped anyone they assumed was a teacher or anyone engaging in conversation. As the arrests and beatings proceeded, the crowd transferred their protest in fear from Baharestan Circle, where the Parliament is located, to the Education Ministry. There, the armed forces captured more teachers, beat them, and held them at the Hotel Mannar across the street from the Education Ministry until they were transferred by bus to prisons.
10. 922. Approximately 300 teachers and academics were arrested. The Government did not provide the names of those arrested, and did not allow the detainees to communicate with their attorneys or families. As teachers from across the country had travelled to Tehran to participate in the demonstration, it was not clear exactly how many people were in captivity. Among those arrested were the heads of several teachers’ trade union associations and the CCCWA, including Ali Akbar Baghani, Mahmoud Beheshti Langroodi, and Alireza Hashemi. Others arrested include Mohammad Davari, Ali Poursoleiman, Mr Gashghavi, Bodaghi, Noorollah Akbari, Akbar Parvareshi, Mohammad Reza Khakbazan, Mahmoud Bagheri, Ahmad Borati, Akram Hassani, Zahra Shad, Fereshteh Sabbaghi, Narges Pilehforoush, and four superintendents from the Young Adult Schools named Taheri, Gharjavand, Mohammad Beigi and Sajjad Khaksari, and a reporter for the newsletter the Teachers’ Pen, who was reporting on the situation. Of all those arrested, about 50 teachers, including the heads of the teachers’ associations, were transferred by bus to the Intelligence Offices on Vahdatah Eslami Street and then taken to the Evin Prison. Some of the female teachers who had been arrested were released on their husbands’ recognizance.
11. 923. Throughout the arrests some parliamentarians made efforts to free the imprisoned teachers. On 19 March 2007, the Head of the Judiciary, Ayatollah Shahroodi, stated that protesting in a civilized manner is a civil right, and the teachers should have never been arrested. He asked all prosecutors to release the teachers. Despite his ruling 14 of the leaders of the teachers’ unions remained in jail for 16 days, including over the most important holiday in the Islamic Republic of Iran, Norouz – the Iranian New Year and the nation’s most important holiday, running from 21 March through 3 April 2007. To avoid further protests against the mass arrests, the Government declared that all schools in Tehran would close early for the Norouz holiday, from 16 March through 4 April 2007.
    • Crackdown on teacher protests escalates
12. 924. In spite of government repression the CCCWA met on 30 March 2007, just one day after its leadership was released from jail. They issued a declaration the same day, stating that the teachers remained open to dialogue with the Government, but saw the Government as responsible for the arrests of teachers who were simply exercising their basic rights. They also restated their demand for the passage of the Pay Parity Bill, and the free exercise of their freedom of association rights. In the absence of just responses to their demands to end discrimination among government workers and the enactment of the Pay Parity Bill in its full form, they announced that on 15, 16, and 29 April 2007 they would be present in their schools but would refrain from attending classes. They also announced that on 2 May 2007 they would gather in protest from 9.00 to 12.00 in front of all departments of education in the townships as well as the centres of the provinces. Additionally, on 8 May 2007 from 13.00 to 17.00 teachers from across the country were to gather in front of the Parliament in a widespread protest. Instead of responding to the teachers’ demands, on 7 April 2007 law-enforcement and security forces in the city of Hamedan surrounded the office of the Hamedan ITTA while its members were holding a meeting. They arrested a minimum of 30 people and took them to undisclosed locations by bus. The security forces also arrested a minimum of 15 others in their homes, including all members of the Board of Directors of the Teachers’ Trade Association of Hamedan.
13. 925. The names of the known arrestees of the Teachers’ Trade Association of Hamedan are as follows: Nader Ghadimi, Iraj Ansari, Yousef Refahiyat, Alireza Sajjadi, Mohammad Rafli, Alireza Vafai, Mohammad Paknahad, Ali Zarei, Alireza Moradi, Ali Ahmadvand, Ali Behnam Arzandeh, Hadi Gholami, Hamidreza Jabbari, Jaharigir Jaafari, Majid Forouzanfar, AH Armand, Mahmood Jalilian, Jaafar Mahmoodi, Ali Sadeghi, Jalal Naderi, Mr Pirtaj, Mr Ashtari, Mr Faridian, Javad Moradi, Mr Ghalandari, Nader Soleimani, Ali Najafi, Mr Eskandari, Mr Ghaderi, Zabihollah Rezai, Reza Sadeghi, Hossein Kashi, Mohammadreza Sayyadi, Salman Soltani, Hadi Oroumandi, Hossein Gholami, Neeraat Haratian, Mahmood Mahzoon, and Seyd Ali Hosseini.
14. 926. On 9 and 10 April 2007, academics in Hamedan protested in front of the Ministry of Education to show support for their arrested colleagues and demand their release. Some teachers were released but some active members of the Teachers’ Association of Hamedan are still in prison, their numbers ranging from nine to 15, including Ali Sadeghi, Mahmoodi, Ansari, Forouzanfar and Refahiyat. The lack of clarity and discrepancy in the numbers of arrestees are due to teachers being rearrested, not having attorneys, and the total unresponsiveness of military personnel and the Education Ministry in Hamedan. Additionally, the locations where people are being detained are mostly unidentified and spread apart. The Security and Intelligence Deputy Governor of Hamedan Province declared the Teachers’ Trade Association of Hamedan to be illegal because it was in possession of 5,000 leaflets describing the hours and location of particular strikes; however according to Article 3 of ILO Convention No. 87, workers have the right to strike in pursuit of their legitimate labour interests.
15. 927. On Sunday, 15 April 2007, of the nine teachers remaining in prison five were released, namely: Jalilian, Forouzanfar, Sadeghi, Nader, and Najafi. Mr Ghadimi, Refahiyat, Zarei and Gholami remained in prison. After his release, Mr Najafi reported that while under arrest the Hamedani teachers were questioned while blindfolded and handcuffed, and then housed with drug addicts in a dark cell in conditions so unhygienic they were unable to use the facilities.
16. 928. In Tehran, on 8 April 2007, security and intelligence ministry forces went to the homes of dozens of ITTA activists with warrants and searched their homes. They presented the teachers with summonses to the courthouse, and warned that if they did not appear they would be issued warrants for their arrest. On the evening of 11 April 2007, the defence attorney for three writers of the Teachers’ Pen – Mohammad Taghi Falahi, Seyd Mahmood Bagheri, and Montajabi (who are also defendants in the case of the March 2007 protests in front of Parliament) – stated that she and her clients presented themselves to the Revolutionary Court for questioning after being served one of these summons. Authorities did not permit her to attend the questioning session, and after nightfall they told the men they would have to spend the night in the courthouse because questioning was not over. One hour later, the men telephoned their families to state that they had been transferred to Evin Prison. That same evening, agents went to the homes of teachers who write for the Teachers’ Pen and confiscated all of their equipment and computers. On 14 April 2007 three more teachers from the Teachers’ Trade Association, Mr Hamid Pourvosough, Mohammad Reza Rezai, and Alireza Akbar Nabi, were also summoned for questioning by the courts, detained, and transferred to Evin Prison. Another teacher from Karaj, Mr Assad, had also been summoned that past week. In a separate incident in Ghoochan on the evening of 11 April 2007, security forces warned a number of teachers not to participate in the announced strikes of 15 and 16 April 2007. These coordinated events marked the beginning of a new wave of heightened suppression of teacher protests. On 15 April 2007, two teachers in Marand were reported to have been summoned and detained.
17. 929. On 15 April 2007, teachers in Eslamshahr were asked by the authorities to leave the school premises while staging a sit-in strike. They were also informed that all striking teachers would be completely stripped of their status and position beginning 17 April 2007. The authorities encouraged the parent–teacher association to file formal complaints against the teachers to the judiciary, and secret security forces were present throughout the township so that they could question the teachers directly and report the names of striking teachers to the Security and Intelligence Ministry. The authorities said that teachers whose names came up in relation to the sit-in would from then on be deprived of all overtime work, that the Security Department would prevent these individuals from ever teaching class, and that, in accordance with a declaration by the Education Ministry, the above-named teachers could not continue their own studies in universities nor receive any services. Also, they stated that school principals who did not submit the names of striking teachers would be replaced the following day. On Monday, 16 April 2007, Ali Akbar Baghani was rearrested in his school. At 9.30 a.m., three plain-clothes agents arrived at the Roshd Middle School in Region 7 of Tehran. Two of them stayed in the schoolyard while one went directly to Mr Baghani’s room, presented a warrant, arrested Mr Baghani and took him to an undisclosed location.
18. 930. On the same day, Mr Mokhtar Asadi, a member of the Teachers’ Association, was also arrested; on 16 April 2007, he was summoned to appear before the primary council of the Education Department for the counties of Tehran. Mr Asadi, who occasionally took part in the union actions, said in a recent interview that his union bore no animosity towards the state authority, but would not be intimidated or relent pursuing its aims. At the primary council meeting Mr Asadi was questioned on his union membership and whether he took part in the teachers’ protests. He was then suspended from his teaching position effective 21 May 2007. Mr Asadi, believing the Council’s decision to be based on his trade union membership and activities, lodged an appeal against it. At least 12 teachers who took part in the protests had been temporarily (about three months) suspended from their jobs because of their trade union activities. The names of the suspended teachers are: Ghafar Dindar, Teimour Hassanpour (Ghale Hassan Khan district), Hadi Azimi (Shahriar district), Mohsen Ramshak, Ghorban Ali Nik Eish, Mohammad Reza Sanjabi and Ali Mohammad (the first district of Robatkarim), who belong to the Teachers’ Association in Iran, and Nader Ghadimi, Yousef Refahiat, Yousef Zareie and Hadi Gholami, who belong to the Teachers’ Trade Union of Hamedan.
19. 931. The teachers scheduled more protest actions for 29 April 2007 (on which a number of teachers stayed out of the classrooms) and 2 May (Teachers’ Day). All trade union activities on Teachers’ Day were prohibited by order of the Iran Ministry of the Interior; the authorities also banned the teachers’ weekly Ghalam (Pen) and ordered newspapers not to publish any news of the protests. To intimidate the strikers, the Education Ministry asked heads of schools for the names of teachers who were absent from work during strikes. Nevertheless, thousands of teachers across the country protested in front of the various Education Departments and in front of the Ministry of Education in Tehran, demanding that the trade unionists’ temporary suspension orders be cancelled. Some of the ensuing police abuses and arrests reported had, as of 8 May 2007, yet to be confirmed.
    • International trade union requests
    • for social dialogue
20. 932. Education International (EI) and the complainant have made many attempts in the past few months to remind the Government of the Islamic Republic of Iran that teachers have a right to engage in labour activities. On 9 March 2007, EI wrote a letter to the Iranian President condemning the arrests of the teachers’ union leaders and demanding that the Government open a social dialogue with the teachers. It also urged the Government to respect the right of workers’ organizations to organize their activities and to hold meetings and public protests related to their conditions of work and economic and social policy.
21. 933. EI wrote another letter of protest to Iranian President Mahmoud Ahmadinejad on 16 March 2007 to condemn the harsh repression of teachers and remind him to open social dialogue with the teachers and respect their right to labour activities. On 19 March 2007 the complainant also wrote to President Ahmadinejad demanding the immediate and unconditional release of all individuals arrested at the teachers’ protests across the country. The complainant called on the Government to negotiate with the teachers’ organizations on the improvement of their working conditions, to stop any discrimination they endure as public servants, and to enable them to earn a living wage on a par with other government workers. They also asked the Iranian Government to respect and protect the right of workers to hold meetings, public protests, and dialogue that relate to their working conditions.
22. 934. On 21 March 2007, as a result of the EI’s request for the ILO’s intervention, the Workers’ group of the ILO Governing Body and EI met an Iranian delegation to discuss the teacher crisis in the Islamic Republic of Iran. The Iranian delegation, led by the Deputy Minister for Employment and Human Resources, stated that their Government did not want teachers to be imprisoned; EI requested the delegation to contact Tehran and urge the release of all teachers and trade unionists currently in prison for the start of the Islamic Republic of Iran’s New Year celebrations on that day (21 March 2007). EI further requested the delegation to obtain replies from the office of the President of the Islamic Republic of Iran to the letters sent by EI dated 9 and 16 March 2007, and the ILO Workers’ group insisted that the Islamic Republic of Iran should ratify Conventions Nos 87 and 98 on freedom of association and the right to organize. The Government has not responded to recent appeals by the ITUC and EI.
23. 935. On 19 April 2007, EI wrote another letter of protest to President Ahmadinejad condemning the arrest of more members of the various teachers’ associations on 7 and 15 April, in connection with legitimate and peaceful teacher demonstrations for a decent living wage. The complainant indicates that the Government is escalating its military and security approach to the teachers’ activities and cracking down on their freedom of association rights with a heightened ferocity, whereas the teacher associations, under the umbrella organization “Co-ordinating Council of All-Iran Teachers’ Trade Organizations” have vowed to continue with their actions until all their demands are met. The complainant indicates that it fears a major crackdown on the teachers is possible.
    • Striking teachers brought on criminal charges
24. 936. In its communication of 29 January 2008, the complainant states that on 28 May 2007 the last imprisoned teacher, Mr Mojtaba Abtahi, was released on $40,000 bail from Evin Prison. However all the once-detained teachers continue to face prosecution. On 29 May, Rooz Online, an Iranian online newspaper, reported that the Education Minister had opened security files on at least 226 teachers and ordered that they be sanctioned with anywhere from three months’ temporary suspension to a permanent ban on teaching; additionally 39 teachers have been banned from teaching. On 31 July 2007, ITTA posted on its website a list of 86 teachers who have received dismissal, suspension and/or detention orders, following the teachers’ demonstration in front of the Parliament in Tehran on 2 May 2007.
25. 937. On 26 September 2007, nine members of the ITTA of Hamedan were put on trial in the 106th branch of the Revolutionary Court of Hamedan Province. This was their second trial for “disturbing social order”, “issuing announcements”, and “holding illegal gatherings”. The teachers defended themselves on the basis of article 27 of the Constitution, and reminded the authorities that the ITTA Hamedan is a registered entity that can legally pursue labour activities. Some of these nine people have also received disciplinary sentences from the Administrative Disciplinary Board: to date, Yousef Zareie is exiled for 36 months to Ham; Nader Ghadimi is exiled for 60 months to northern Khorasan; Hadi Gholami is suspended for 12 months and Yousef Refahiyat has had his pay reduced by two grades. The Revolutionary Court also issued pay cuts ranging from 10,000 to 200,000 toumans to over 700 regular teachers who were identified as having participated in labour protests.
26. 938. On 6 October 2007, Ali Asghar Montajabi, member of the ITTA Central Council was handed down a suspended sentence of four years’ imprisonment by the 15th branch of the Revolutionary Court on the charge of “gathering and conspiring to disturb national security” (in accordance with section 610 of the Penal Code). ITTA member Mohammad Tachi Falahi was also convicted of the same charge and given a suspended sentence of three years’ imprisonment.
27. 939. On 17 October, Mohammad Khaksari, editor-in-chief of the Teachers’ Pen, was summoned by the court to pay the highest bail of any of the teachers so far: $100,000. On 23 October 2007, teachers from Tehran, all members or leaders of the ITTA, were heavily sentenced by the Revolutionary Court of Iran as follows:
    • Ali Akbar Baghani, Superintendent of ITTA
    • five years’ suspended prison sentence
    • Mahmood Beheshti, spokesperson ITTA
    • four years’ suspended prison sentence
    • Noorollah Akbari
    • five years’ suspended prison sentence
    • Hamid Pourvosough
    • four years’ suspended prison sentence
    • Mohammad Taghi Fallahi
    • four years’ suspended prison sentence
    • Ali Safar Montajabi
    • four years’ suspended prison sentence
    • Karim Ghashghavi
    • four years’ suspended prison sentence
    • Mohammadreza Rezai
    • three years’ suspended prison sentence
    • Alireza Akbari
    • two years’ suspended prison sentence
    • Rassoul Bodaghi
    • two years’ suspended prison sentence
    • Alireza Hashemi
    • three years’ prison to be served immediately
    • Mohammad Davari
    • five years’ prison to be served immediately, exchangeable only for a cash fine
28. 940. The following sentences were issued by the Mashad Revolutionary Court to teachers from Khorasan:
    • Hadi Lotfi
    • four months’ suspended prison sentence for three years, exchangeable in exchange for $1,000 fine
    • Hassan Rajabi
    • four months’ suspended prison sentence for three years, exchangeable for $1,000 fine (he was also banned from all official positions for four years)
    • Iraj Towbihai Najafabadi
    • Reduction of one grade in pay for two years (reviewable)
    • Professor Khastar
    • Early retirement with reduction of one grade in pay as ordered by the Administrative Infractions Board of the Education Department
29. 941. On 14 December 2007, nine teachers were convicted in the 106th criminal court of Hamedan and sent to jail for 91 days: Yousef Zareie, Majid Fourouzanfar, Jalal Naderi, Yousef Refahiyat, Hadi Gholami, Nader Ghadimi, Ali Najafi, Mahmood Jalilian, Ali Sadeghi, the Head of the Kermanshah ITTA.
30. 942. On July 2007, Mohammad Khaksari, editor-in-chief of the Teachers’ Pen, was an invited guest to the Fifth Education International World Congress, held in Berlin from 22 to 26 July 2007. Representing the ITTA, Mr Khaksari addressed the EI Congress participants on the working conditions and rights of teachers in the Islamic Republic of Iran. Upon his return at the Imam Khomeini’s airport in Tehran, on 27 July 2007, Mr Khaksari was detained and taken away by the presidential guard. Mr Khaksari was questioned about such matters as “the people who helped him”, the broadcasting agency he met or was interviewed by, and the nature of the EI Congress. Mr Khaksari was released, but the security agents confiscated his passport and EI Congress documents.
31. 943. In its letter to EI, the ITTA stated that the EI Congress
    • … provided a golden opportunity for training the Iranian teachers’ community. For too many years, Iranian teachers have seen themselves as separate from other workers. This Congress gave Mr Khaksari a chance to realize that teachers are workers entitled to the same ILO fundamental rights protections as other workers. The Congress also gave the Iranian teachers an opportunity to see in action democratic union principles such as elections and debates on resolutions. This will enable the ITTA and its 40 affiliated groups the ability to further empower themselves through democratic, unified action.
    • The ITTA had also distributed and posted reports of the EI Congress on media and Internet sites across all human rights’ and workers’ groups in the Islamic Republic of Iran.
32. 944. On 7 September 2007 Mr Khaksari was reported missing in Shahrreza, in the Province of Isfahan, south of Tehran; according to witnesses he was forced into a car by plain-clothes police officers. In a separate incident in Shahrreza, the leader of the local teachers’ union, Hamid Ramati, was taken from his house in handcuffs by a dozen armed men claiming to be agents from the Islamic Republic of Iran’s Ministry of Intelligence.
33. 945. On 5 October 2007, to celebrate World Teachers’ Day the ITTA formally applied for membership in EI. Later, the apartments of ITTA Superintendent Mr Baghani and Mr Khaksari were raided; their computers and EI membership application documents were stolen. On 30 November 2007, an ITTA representative indicated that as a result of the Government’s intimidation many teachers appeared afraid of joining Education International.
34. 946. In its communication of 28 February 2008, the complainant encloses an updated list of the sentences imposed on 165 teachers who had peacefully marched in February, March, and May 2007 in support of improved working conditions and dialogue with the Government. Most were charged with “gathering and conspiring and acting against the national security by participating in illegal gatherings and speaking out against the authorities by providing information to the enemies and opposition groups and propaganda against the Islamic Republic of Iran”. The teachers concerned have either been dismissed, made to retire, exiled or suffered pay cuts following decisions by the Disciplinary Board of the Education Ministry. Some teachers have even been sentenced to suspended prison terms (ranging from one to five years) by the Revolutionary Courts, and most had also suffered periods of detention in solitary confinement. (The list of teachers is attached as an annex.)
35. 947. As the list indicates, ITTA Superintendent Ali Akbar Baghani was detained for 30 days, suspended from service for three months, condemned to two years in exile and sentenced to a suspended prison term of five years. ITTA spokesperson Beheshti Langroodi was detained twice (for 31 and 17 days in solitary confinement, respectively) and sentenced to a suspended prison term of four years. CCCWA members Mohammad Davari and Ali Poursoleiman were both condemned to three months’ suspension of service and two years in exile following 19 days of detention in solitary confinement; Mohammad Davari was also sentenced to three years in prison. TAI leader Alireza Hashemi was detained for 16 days in solitary confinement, suspended from service for three months, exiled for two years and sentenced to three years in prison. Mohammad Khaksari, editor-in-chief of the Teachers’ Pen, was only detained for one day but had to pay $100,000 bail.
36. 948. The complainant alleges that the Interior Ministry also issued a statement in February 2008 prohibiting teacher associations from carrying out legitimate union activities, and that security forces have prevented the ITTA’s Coordinating Council from holding meetings. Finally the complainant indicates that ITTA members preparing for the March 2008 council session face threats and pressure. On 16 February 2008 Ali Nazari, a founding member of the ITTA in Mazandaran, invited ITTA’s members to gather in Sari, the capital city of Mazandaran, as well as to visit Hamid Rahmati, an ITTA member who had been sent to exile in a village nearby. On the same day Ali Nazari was summoned to the Intelligence Department in Mazandaran to provide an explanation of the meeting and was kept under interrogation for four hours.
37. 949. In a communication dated 26 August 2008, the complainant states that Farzad Kamangar, a 33-year old member of the Kurdestan Teachers Trade Association, is at risk of execution following a ruling issued on 25 February 2008 by the Tehran Revolutionary Court. Mr Kamangar was accused of being a terrorist through his alleged affiliation to the Kurdistan Workers’ Party, PKK. According to his lawyer, Khalil Bahramian, there is no evidence to justify the judgement that Mr Kamangar has “endangered national security” or is “moharebeh” (in “enmity with God”). Farzad Kamangar’s trial was not in accordance with article 168 of the Iranian Constitution, which provides that “Political and press offences will be tried openly and in the presence of a jury in courts of justice”. In this case, only one judge reviewed the case within five minutes, and the defendant was not allowed to speak. Nevertheless, the death penalty was confirmed by the Supreme Court of Iran on 11 July 2008.
38. 950. The complainant indicates that prior to his arrest, Farzad Kamangar worked for 12 years as a teacher in the city of Kamyaran, where he was an activist of the local teachers’ association in charge of the public relations of the union. He was also a human rights activist, a board member of a local environmentalist group, and also wrote for the monthly journal Royan, a publication of the Department of Education of Kamyaran. Mr Kamangar was arrested in July 2006 shortly after he arrived in Tehran to be with his brother during his medical treatment. The authorities originally investigated Farzad Kamangar in relation to two people he rode with during his trip to Tehran. Since then, he was held in various detention centres: in Sanandaj in Kurdistan, in Kermanshah, in the Rajaishahr prison in Karaj and in the Evin prison in Tehran. In a letter he wrote while in the Sanandaj prison in November 2007, Farzad alleges ill-treatment and severe torture by the prison authorities on different occasions during his detention, to force him to confess to the charges against him. For several months he was kept in solitary confinement and was not allowed any contact with family and lawyer; Amnesty International reported that “as a result of this torture, [Mr Kamangar’s] arms and legs have started to tremble involuntarily”.
39. 951. Pervasive intimidation and harassment of the Iranian trade unionists and human rights activists who show solidarity with Farzad Kamangar have been reported. On 21 July 2008, a support committee, the “Save Farzad Committee”, composed of members of the Teachers’ Trade Association, former colleagues of Mr Kamangar and human rights attorneys, including Shirin Ebadi, was established to defend the civil rights of Farzad Kamangar and to undertake legal actions to have his death sentence commuted. On the same day three teacher unionists, who were also members of the committee, were arrested and taken to the Intelligence Detention Centre in Sanandaj. One of the teachers, Ahmad Ghorbani, was released on bail after two weeks’ detention. The other two, Hassan Ghorbani and Kaveh Rostami, were released on 14 August each on $22,000 bail. Farzad's supporters and their family members are regularly intimidated through phone calls by the Ministry of Intelligence and National Security. Mohammad Khaksari, who was invited to the last EI Congress in Berlin in 2007 as a representative of the ITTA, is also an active member of the “Save Farzad Committee” and is among those who are being harassed by the Ministry of Intelligence.
40. 952. Several appendices are attached to the complainant’s 26 August 2008 communication, including: a letter from the ITTA protesting Mr Kamangar’s conviction; a statement by Farzad Kamangar in which he testifies to having been subject, in prison, to torture on a regular basis, periods of solitary confinement, and beatings so severe they left him unable to walk afterwards; and statements from EI, Amnesty International and Human Rights Watch, respectively, calling for the revocation of Mr Kamangar’s death sentence.

B. The Government’s reply

1. 953. In its communication of 14 May 2008, the Government states that teachers have played an important role in Iranian society, having contributed from their ranks hundreds of senior officials, including presidents and prime ministers, since the culmination of the Islamic Revolution of 1970. In the years since the Revolution no complaints had ever been filed by Iranian teachers, either with national courts or international bodies. Teachers, with the exception of a small minority, had trusted the Government to ensure decent work and decent wages for them. Moreover, the submission of the present complaint was unexpected, given that on 21 March 2007 a constructive meeting had been held between a government group comprised of the Deputy Minister for Human Resource Development, two advisers to the Minister of Labour and a Member of Parliament, on the one hand, and a delegation of ITUC officials, headed by Sir Leroy Trotman and including Ms Anna Biondi Bird, Mr Tom Etty and Mr Bob Harris from EI.
2. 954. In keeping with the promise made to Mr Harris at the said meeting, in a letter of 27 March 2007 the Government had submitted its replies to the questions posed by Mr Van Leeuwen, Secretary General of EI, as well as to other matters the EI had raised in its 9 March 2007 letter addressed to His Excellency President Ahmadinejad. The contents of the Government’s communication were to have been presented to EI’s General Assembly.
3. 955. The Government maintains that the recent measures it had adopted vis-à-vis the organizations referred to in the complaint were not intended to suppress their legitimate trade union activities, but were rather meant to counter what was apparently an organized infringement of existing national laws. According to information received from the Ministry of the Interior, which is responsible for the registration and verification of trade unions, the registration of the CCCWA was not approved. As concerns the TAI, it had decided to register not as a trade union but rather as a political party, and was so registered on 30 December 2000. The term of office of the TAI’s Board of Directors had since expired and, in keeping with the ruling of the Commission of Article 10 of the Political Parties (hereafter the “Article 10 Commission”), which monitors the proper implementation of the constitutions of political parties and addresses complaints lodged against the latter for violations of their articles of association, the TAI is legally obliged to hold a new election of directors in order to resume its activities.
4. 956. The Government indicates that thus far nine teachers’ associations had been registered with the Ministry of the Interior, of which several had allowed their registration to expire. A list of the names and registration expiry dates of the nine aforementioned teachers’ associations, which includes the ITTA, is included in the Government’s communication. The Government further maintains that it has merely established the legal framework for the free activity of trade unions, so as to extend to them the legal, social and financial support stipulated in the nation’s Constitution and facilitate their political activities. Its role was therefore not aimed at curtailing organizations’ activities, but rather ensuring the respect and protection of their rights and freeing them from the competitions that frequently arose within them.
5. 957. With respect to the ITTA, the Government states that that organization was established and registered as a political party in November 2000, with an initial three-year period of registration validity. Subsequently, and due to what the Article 10 Commission had deemed to constitute “constant infringement upon the relevant political party laws, in particular the non-observance of paragraph 2 of article 16 of the Political Parties Act (PPA)”, the ITTA had lost its validity. Article 16 of the ITTA’s articles of association stipulates that the organization’s General Assembly shall elect the members of the Board of Directors for a period of two years, that members of the Board may be re-elected, and that the Board shall invite the General Assembly to hold elections and communicate the results to the Ministry of the Interior. The ITTA had apparently lost its validity by failing to comply with its own articles, and the Article 10 Commission – by means of Notice No. 43/12500, dated 24 April 2007 – had requested that the ITTA suspend its activities until it renewed its registration; a case concerning the ITTA’s status was pending before the Article 10 Commission.
6. 958. The Government states that associations of teachers, like those of other workers, are subject to the provisions of law pertaining to political parties. Under the PPA, organizations may not: engage in acts that may eventually endanger national sovereignty; engage in espionage; collaborate with foreign agents, at any level or in any manner that may endanger the freedom, sovereignty, national unity or interests of the Islamic Republic of Iran; receive any foreign support, be it financial or otherwise; violate the legitimate freedom of others; commit slander or defamation; endanger national integrity; campaign against the State; violate the basic principles of Islam and the Islamic Republic of Iran; disseminate subversive publications; and keep arms illegally. Violations of the PPA are set out in article 16 of that law, and article 17 specifies the disciplinary actions that may be brought against parties infringing upon the law’s provisions. Such measures include the suspension of an organization’s license, and its dissolution upon an unbiased hearing by a competent court. According to rulings handed down by the judiciary, moreover, congregating in front of Parliament and the Ministry of Education, disrupting traffic in the downtown area of the capital for consecutive days (at a time when teachers’ representatives had been freely negotiating with parliamentarians and government officials) all constituted clear violations of the PPA.
7. 959. With respect to the January 2007 protest organized by the ITTA, the Government contends that it recognizes the right to protest against or express opinions on national policies and laws which may potentially jeopardize the interests of some groups, assuming the exercise of those rights is undertaken in a reasonable and peaceful manner. Various provisions of the PPA, including paragraphs 6, 16 and 28 of that law, guarantee these rights to associations duly registered with the Ministry of the Interior. However, demonstrations, assemblies and public speeches require prior coordination with that Ministry, and once permission is obtained organizations are expected to avoid actions detrimental to civil liberties, national security and state sovereignty. Article 29 of the PPA also requires organizations to inform the Article 10 Commission of any assemblies and public speeches. By calling for an illegal demonstration in front of Parliament and the Ministry of Education, the ITTA had violated the abovementioned regulations as well as its own articles of association. The Government further states that the protests against the non-approval of the Pay Parity Bill, which were held when the matter was being discussed in Parliament, exerted unnecessary pressure on the authorities and were taken as a political campaign, rather than a union demand, by some elements in Government.
8. 960. According to the Government, the protests against the potential non-adoption of the Pay Parity Bill were rooted, in part, in a misunderstanding of the process by which laws were approved by Parliament. Under the existing procedure, bills were presented to Parliament, and upon the latter’s approval were then referred to the Council of Guardians of the Constitution to ensure its compliance with the nation’s Constitution and the Sharia (Islamic code of law). Such laws were then either endorsed by the Council of Guardians or referred back to Parliament for re-examination and possible modification. In the latter case, the Bill in question was not repealed; when Parliament insisted upon the approval of a bill that the Council of Guardians was reluctant to approve, the said Bill was referred to the Expediency Council, where representatives from Parliament, the Assembly of Elites and the Council of Guardians discussed the Bill to reach consensus on its approval or rejection. As regards the Pay Parity Bill, it had received unanimous final approval and the relevant governmental organizations were in the process of formulating regulations for its enforcement. The Government adds that the Pay Parity Bill called for a sharp increase in public servants’ salaries and adequate studies should therefore have been carried out to examine its viability. Moreover the observations of the Council of Guardians also had to be incorporated with respect to the budgetary resources required by the Bill. Some teachers’ associations had therefore acted too hastily in demanding that the Bill immediately be passed. The Pay Parity Bill’s subsequent approval furthermore proves that they had pursued the wrong means of action and might well have obtained the same result without triggering strong protests, nationwide campaigns and constant demonstrations before Parliament and other government buildings.
9. 961. The Government refutes the allegations that it had ignored the teachers’ demands and refused to discuss the Pay Parity Bill with their representatives. It maintains that ITTA representatives had been received, that negotiations with them had taken place at the highest levels. Furthermore a “teachers’ faction” comprising 90 MP teachers, or nearly a third of all parliamentarians, had been formed to vigilantly monitor the interests of teachers across the nation. These acts, particularly when viewed in light of the approval of the Bill concerned, were indicative of the Government’s goodwill and intention to provide decent working conditions to teachers while maintaining constant dialogue with teachers’ representatives. The Government further contends that any complaints arising out of the Pay Parity Bill should be withdrawn by the complainant.
10. 962. Having attached great importance to, and being constitutionally obliged to provide free education for all its citizens, the Government maintains that it has perhaps the largest number of teachers in the Middle East and West Asia regions, most of whom were recruited on a fixed-term contract basis. Forty thousand of the nearly 80,000 teachers comprising the current service were recruited by the Ministry of Education within the last year, following constructive collective negotiations between teachers’ trade unions, Parliament and the Government, the Ministry of Education had altogether recruited nearly 1 million staff, representing the largest portion of the public service. On 13 March 2007 Mr Farshidi, the outgoing Minister of Education, had announced that the enforcement of the Pay Parity Bill had been placed at the top of his ministry’s agenda. A pledge to quadruple teachers’ wages had been made, and his ministry’s budget had been increased by 50 per cent. The Government indicates that according to the provisions of the Uniform Payment of Wages Act wages are calculated on the basis of such factors as academic degree, experience and working conditions, and skill requirements. The Government has consistently strived to ensure better living conditions for teachers through such initiatives as granting permanent contracts to teachers employed under short-term ones and facilitating the pursuit of advanced academic degrees.
11. 963. According to the Government, the fact that numerous teachers’ organizations had been formed over the past two decades, with no evidence that the said organizations had been suppressed in any manner, demonstrates the falsehood of the complainant’s allegations. Furthermore, in meetings held with the ILO in June 2007, Member of Parliament Mr Abbaspour, the then Deputy Director of Labour, Mr Marvi and Member of Parliament Mr Papi all affirmed that the Government was seriously addressing wages and freedom of association issues, with respect not only to teachers but to all public sector workers.
12. 964. The Government states that the right to establish unions is enshrined in article 26 of the Constitution and that the principle of the right to organize is ensured in both law and practice. Organizations have the right to lodge complaints against the Government in courts of law, although no complaints of the denial of the right to organize have been lodged thus far with the police, disciplinary or judicial authorities. Additionally, article 15 of the Law pertaining to Activities of the Parties, Populations, Trade and Political Unions, Islamic Societies or the Recognized Religious Minorities requires trade unions to inform the Article 10 Commission of any changes in their boards of directors or articles of association. This same legal provision also sets out the conditions under which organizations’ permits may be withdrawn, ensures their right against arbitrary interpretation of the existing regulations in decisions affecting their rights, and provides for the right to refer complaints to the courts, which shall hear complaints within three months of their receipt.
13. 965. The Government indicates that in March 2007 representatives of over 30 teachers’ associations met with the Speaker of Parliament and four members of Parliament’s Executive Board. In the said meeting the Speaker, while acknowledging the representatives’ demands, asked for their patience as the Government was not in a position to immediately quadruple the wages of all teachers. He further stated that this increase would be achieved following a short-term timetable; the stated wage raise was realized a few weeks later. Currently, 95 per cent of the Ministry of Education’s budget – and 40 per cent of the total expenditure on public staff wages – is allocated to teachers. In respect of the March 2007 demonstrations the Government adds that the police took no repressive measures against the demonstrators, as the mass actions were not regarded as a threat to national security or criminal in nature. However, minor clashes between the police and demonstrators were reported when the latter were being peacefully dispersed.
14. 966. The Government maintains that the allegation of government unresponsiveness to the teachers’ demands is untrue. Many statements by various government officials were made during the protests: for instance, on 8 March 2007 the Iranian Students’ News Agency (ISNA) reported that President Ahmadinejad enumerated some of the measures taken by his cabinet to improve teachers’ living conditions, including increased allocations to the education budget, a plan to gradually increase teachers wages, and modifications to the Bill concerning the Management of National Services in order to ensure social justice for and the welfare of all classes of people, especially teachers. President Ahmadinejad also stated that the Housing Bill, presented by the Government to Parliament, aimed to solve the housing challenges faced by teachers. On 4 March 2007, 20 Members of Parliament met with teachers who had gathered in front of Parliament. Furthermore, representatives of the Management and Planning Organization of the Education Ministry met with six TAI representatives to discuss a solution to the teachers’ demands; the Government representatives were Mr Haji Babaei, a member of Parliament’s Board and the Chairman of its Teachers’ Faction; Mr Ali Abaspour Tehranifard, Chairman of Parliament’s Education and Research Division, and three other Members of Parliament. Mr Tehranifard in particular has stated that parliamentarians have always supported the teachers and have approved many laws to ensure a better living condition for them; he further expressed doubt as to whether those demonstrators chanting “vitriolic and slanderous slogans against Government” were, in fact, real teachers and not members of subversive groups.
15. 967. With respect to the allegations of the conviction of TAI leader Alireza Hashemi, the Government indicates that once Branch No. 36 of the Appellate Court handed down a verdict in Hashemi’s case his attorney, Ms Farideh Gheirat, was able to discuss his case as well as those of the other arrested teachers with the Minister of Education, demonstrating the Government’s commitment to ongoing dialogue with the teachers. As concerns the arrest of over 20 trade union leaders on 7 March 2007, the Government states that, in view of the teachers’ continued hostile actions, a few teachers were summoned to court and given mild suspended penalties. Almost all of them were shortly released through the intervention of the then Minister of Education, and all have returned to teaching in their classrooms. The Government maintains that the arrests were intended to assist those seeking to voice their legitimate trade union demands peacefully and legally. According to irrefutable evidence, quite a few non-teacher dissidents were responsible for creating disorder among the demonstrating teachers. Teachers were advised not to be influenced by these subversive elements who, as in previous cases, intended to transform the teachers’ legitimate trade union claims into fully-fledged social tumult and unrest; in order to prevent the spread of unrest and safeguard national security some demonstrators who had intended to disrupt the educational system were temporarily arrested with legal warrants. Of the latter, five were determined by the judiciary to be non-teachers. As stated in the Government’s March 2007 letter to EI, the Head of the Judiciary and the Speaker of Parliament both called for the immediate release of all those arrested, and the General Prosecutor of Tehran was given the order to release the teachers by decree of the Supreme Chief of the Judiciary.
16. 968. As concerns the arrest of approximately 300 teachers on 14 March 2007, the Government states that the number of persons arrested was 200, and most were released almost immediately; a few of them, however, are to appear before the court on charges of social disturbance. Twenty persons were arrested on 8 March, and 6 others on 9 March 2007. Based on reports from the judicial authorities, 40 were arrested on 7 March 2007 on charges of having attended an illegal gathering – they were required to appear before the courts, and would receive very light penalties, if any at all.
17. 969. In respect of the 7 April 2007 arrests of approximately 45 persons in Hamedan, the Government indicates that the General Prosecutor’s Office in Hamedan was informed that the Hamedan ITTA intended to instigate a closure of all schools in the province. Given the previous attempts by the ITTA to shut down public education and agitate students and their parents, the General Prosecutor instructed the police to seize the Hamedan ITTA’s publications. When the police, carrying legal warrants, went to the ITTA office and asked for the submission of the provocative leaflets, those present in the ITTA office refused to do so as the police warrants were not sealed; the police subsequently returned with judicial warrants, duly signed and sealed, but were met with resistance and were forced to arrest several teachers. Among those arrested, 23 were released the following day, nine others were released on 9 and 10 April and five more on 16 April 2007. Charges were brought against nine of the arrested persons – Yousef Zarei, Yousef Refahiat, Hadi Gholami, Nader Ghadimi, Majid Forouzanfar, Jalal Naderi, Ali Najafi, Mahmoud Jalilian, and Ali Sadequi – and were heard in Branch No. 106 of the Public Criminal Court of Hamedan on 25 September 2007.
18. 970. As concerns the search of the homes of dozens of ITTA activists, the questioning and detention of several writers for the Teachers’ Pen and the confiscation of some writers’ equipment and computers in April 2007, the Government states that the judiciary is an independent body, and that all citizens and entities are entitled to refer complaints against the Government’s decisions to it. Court decisions are binding and fully respected, even if they overturn decisions made by high-ranking officials. The Government adds that the teachers questioned were simply invited to explain the situation; these measures were meant to prevent any violent confrontation and should not be negatively interpreted.
19. 971. The Government contends that the allegation that the authorities encouraged the parent–teacher association to file formal complaints against teachers is baseless. In the first half of 2007 over 4,000 schools were closed due to teachers’ demonstrations, yet not a single parent had filed a complaint against a teacher.
20. 972. As concerns the suspension of Mokhtar Asadi from his teaching position as of 21 May 2007, the Government states that he had been suspended for a period of three months starting from 20 April 2007 for having violated disciplinary and workplace laws and was subsequently transferred to a neighbouring province by decree of the Administrative Penalties Board of the Education Office.
21. 973. The Government maintains that all the individuals mentioned in the complaint who were brought before the courts on charges were prosecuted for organizing secret meetings and forming illegal groups, cooperating with opposition groups and conspiring against national security. The accusations against them were dealt with in competent courts, and the individuals concerned enjoyed the rights to defence counsel and of appeal.
22. 974. The Government reiterates that the right of workers to freely join and form organizations of their own choosing is protected by national legislation, including the PPA. Furthermore the Ministry of Labour and Social Affairs (MLSA) has given priority to the promotion of organizations of the social partners, and MLSA statistics indicate that the number of workers’ associations grew from 3,037 in 2005 to 3,837 in 2007. The Government adds that teachers’ representatives may freely visit government bodies and Parliament, which has developed a reputation as a “teachers’ house” following the victory of a majority of the teachers in the last elections. Nevertheless, of the 40 national teachers’ associations, only 20 sent representatives to accompany Mr Baghani to a 26 November 2007 meeting with parliamentarians, which suggests either an unwillingness to engage in dialogue or the associations’ failure to unanimously agree on their objectives. The four topics on the meeting agenda were: (1) the examination of the Education Ministry’s 2008 annual budget; (2) the enforcement of the Bill concerning Managing National Services; (3) bringing an end to the pending cases against trade union activists; and (4) teachers’ trade associations and the upcoming parliamentary elections. The last topic was deemed irrelevant to the associations’ articles of associations and was therefore not discussed.
23. 975. With respect to the EI letter of 19 April 2007, addressed to President Ahmadinejad and condemning the 7 and 15 April arrests in connection with legitimate and peaceful teacher demonstrations for a decent living wage, the Government states that it was being blamed on the basis of unverified information, and without proper consideration of the reasons that justified the measures it had taken. The demonstrations referred to by the complainant were not peaceful and could potentially have caused severe social unrest throughout the nation. The Government maintains that although it recognizes the freedom of association rights of trade unions, the latter must also demonstrate greater flexibility with respect to the challenges faced by the nation during its transition to an open, market-based economy. Unless compromise is achieved between the Government and the social partners, giving effect to the principle of tripartism would be virtually impossible.

C. The Committee’s conclusions

1. 976. The Committee notes that the present case involves allegations of the violation of several freedom of association rights in the context of a series of demonstrations concerning teachers’ salaries. The allegations are summarized as follows:
   • – Teachers’ protests began in January 2007 and grew successively larger, eventually encompassing some 12,000 teachers from across the country by mid-March 2007. On 23 January 2007, the ITTA demonstrated in front of the Parliament to protest the Council of Guardians’ possible rejection of the Pay Parity Bill, which was widely viewed as the teachers’ best hope for achieving a living wage.
   • – A protest involving approximately 1,500 teachers was held on 5 February 2007. On 3 March 2007 roughly 10,000 teachers rallied in front of the Parliament in support of the enactment of the Pay Parity Bill. Another rally was held on 6 March involving several thousand teachers, and on 7 March 2007 the ITTA announced that a strike would be called on 8 March 2007 if the Pay Parity Bill was not passed into law.
   • – At around midnight of 7 March 2007, plain-clothes agents from the Security and Intelligence Ministry visited the homes of and arrested more than 20 teachers’ union leaders, including directors of the ITTA, the TAI and the CCCWA. The trade unionists were arrested without warrants, taken to undisclosed locations, and released in the early morning of 8 March 2007.
   • – Following another protest on 8 March 2007, a delegation of 12 teachers’ union representatives met with representatives of Parliament on 13 March 2007. However, the Government contingent comprised only two members of Parliament and no representatives from the Ministry of Education, whereas three representatives each from the Security and Intelligence Ministry and the military forces were present at the meeting. The parties failed to reach agreement on improvements to teachers’ salaries; additionally the Speaker of Parliament, Mr Koohkan, was reported to have told the teachers’ delegation that “We do not understand the word ‘discussion’. Your pressure has no effect on our decision-making”.
   • – After the breakdown in communications between the Government and the teachers’ groups, another gathering was scheduled for 14 March 2007. By daybreak, hundreds of security, intelligence and military men were out in force, stopping buses with protesters on board and threatening to arrest them all. In front of the Parliament, approximately 50 to 60 protesters were arrested and the anti-riot guards immediately assaulted teachers with clubs and fists. Arrested teachers were first held in a vacant lot at a nearby school and later transferred to the basement of a government building. As the arrests and beatings proceeded, the crowd transferred their protest in fear from the Parliament to the Education Ministry. There, the armed forces captured more teachers, beat them, and held them at the Hotel Mannar across the street until they were transferred by bus to prisons. Approximately 300 teachers and academics were arrested, including the heads of several teachers’ trade union associations and the CCCWA. Furthermore 14 teachers’ union leaders remained in jail for 16 days.
   • – On 30 March 2007 the CCCWA issued a declaration stating that the teachers remained open to dialogue with the Government, but saw the Government as responsible for the arrests of teachers who were simply exercising their basic rights. They restated their demands for the passage of the Pay Parity Bill and the free exercise of their freedom of association rights. In the absence of just responses to their demands for the enactment of the Pay Parity Bill in its full form, they announced that on 15, 16, and 29 April 2007 they would be present in their schools but would refrain from attending classes. They also announced that on 2 May 2007 they would gather in protest in front of all departments of education in the townships as well as the centres of the provinces. On 7 April 2007 law enforcement and security forces in the city of Hamedan surrounded the office of the Hamedan ITTA while its members were holding a meeting. They arrested a minimum of 30 people and took them to undisclosed locations by bus. The security forces also arrested a minimum of 15 others in their homes, including all members of the Board of Directors of the Teachers’ Trade Association of Hamedan.
   • – On 9 and 10 April 2007, academics in Hamedan protested in front of the Ministry of Education to show support for their arrested colleagues and demand their release. At the time, some teachers had been released but others remained in detention in separate and undisclosed locations; due to the authorities’ lack of responsiveness and the subsequent rearrest of some of those previously arrested it was difficult to establish how many trade unionists remained in detention. Shortly after the Hamedan protests the Security and Intelligence Deputy Governor of Hamedan Province declared the Teachers’ Trade Association of Hamedan to be illegal as it was in possession of 5,000 leaflets describing the hours and location of particular strikes.
   • – On 15 April 2007, of the nine teachers remaining in prison five were released. One reported that while under arrest the Hamedani teachers were questioned while blindfolded and handcuffed, and then housed with drug addicts in a dark cell in conditions so unhygienic they were unable to use the facilities.
   • – On 8 April 2007 security and intelligence ministry forces searched the homes of dozens of ITTA activists with warrants. They presented the teachers with summonses to the courthouse, and warned that if they did not appear they would be issued warrants for their arrest. On the evening of 11 April 2007, the defence attorney for three writers of the Teachers’ Pen stated that she and her clients presented themselves to the Revolutionary Court for questioning after being served one of these summons. Authorities did not permit her to attend the questioning session, and after nightfall they told the writers they would have to spend the night in the courthouse because questioning was not over. One hour later, the men telephoned their families to state that they had been transferred to Evin Prison. That same evening, agents went to the homes of teachers who wrote for the Teachers’ Pen and confiscated all of their equipment and computers. On 14 April 2007 three more teachers from the Teachers’ Trade Association were also summoned for questioning by the courts, detained, and transferred to Evin Prison. Another teacher from Karaj had also been summoned that past week, and in Ghoochan on the evening of 11 April 2007 security forces warned a number of teachers not to participate in the announced strikes of 15 and 16 April 2007. The complainant alleges that these coordinated events marked the beginning of a new wave of suppression of teacher protests.
   • – On 15 April 2007, teachers in Eslamshahr were asked by the authorities to leave the school premises while staging a sit-in strike. They were also informed that all striking teachers would be completely stripped of their status and position beginning 17 April 2007. The authorities encouraged the parent–teacher association to file formal complaints against the teachers to the judiciary, and secret security forces were present throughout the township so that they could question the teachers directly and report the names of striking teachers to the Security and Intelligence Ministry. The authorities said that teachers whose names came up in relation to the sit-in would from then on be deprived of all overtime work, that the Security Department would prevent these individuals from ever teaching class, and that, in accordance with a declaration by the Education Ministry, the above-named teachers could not continue their own studies in universities nor receive any services. Also, they stated that school principals who did not submit the names of striking teachers would be replaced the following day. On Monday, 16 April 2007, ITTA leader Ali Akbar Baghani was rearrested in his school.
   • – On the same day Mr Mokhtar Asadi, a member of the Teachers’ Association, was also arrested and then summoned to appear before the primary council of the Education Department for the counties of Tehran. Mr Asadi was questioned on his union membership and whether he took part in the teachers’ protests. He was then suspended from his teaching position effective 21 May 2007. At least 12 teachers who took part in the protests had been temporarily (about three months) suspended from their jobs because of their trade union activities.
   • – The teachers’ unions scheduled more protest actions for 29 April 2007 and 2 May (Teachers’ Day). All trade union activities on Teachers’ Day were prohibited by order of the Iran Ministry of the Interior; the authorities also banned the Teachers’ Pen and ordered newspapers not to publish any news of the protests. To intimidate the strikers, the Education Ministry asked heads of schools for the names of teachers who were absent from work during strikes. Nevertheless, thousands of teachers across the country protested in front of the various education departments and in front of the Ministry of Education in Tehran, demanding that the trade unionists’ temporary suspension orders be cancelled.
   • – On 28 May 2007 the last imprisoned teacher, Mr Mojtaba Abtahi, was released on $40,000 bail from Evin Prison. However all the once-detained teachers continued to face prosecution. On 29 May, Rooz Online, an Iranian online newspaper, reported that the Education Minister had opened security files on at least 226 teachers and ordered that they be sanctioned with anywhere from three months’ temporary suspension to a permanent ban on teaching; additionally 39 teachers have been banned from teaching. On 31 July 2007, ITTA posted on its web site a list of 86 teachers who have received dismissal, suspension or detention orders following the teachers’ demonstration in front of the Parliament in Tehran on 2 May 2007.
   • – Mohammad Khaksari, editor-in-chief of the Teachers’ Pen, was an invited guest to the Fifth Education International World Congress, held in Berlin from 22 to 26 July 2007. Representing the ITTA, Mr Khaksari addressed the EI Congress participants on the working conditions and rights of teachers in the Islamic Republic of Iran. Upon his return to Tehran, on 27 July 2007, Mr Khaksari was detained and taken away by the presidential guard. Mr Khaksari was questioned about such matters as “the people who helped him”, the broadcasting agency he met or was interviewed by, and the nature of the EI congress. Mr Khaksari was released, but the security agents confiscated his passport and EI Congress documents.
   • – On 7 September 2007 Mr Khaksari was reported missing in Shahrreza, in the province of Isfahan, south of Tehran; according to witnesses he was forced into a car by plain-clothes police officers. In a separate incident in Shahrreza, the leader of the local teachers’ union, Hamid Ramati, was taken from his house in handcuffs by a dozen armed men claiming to be agents from the Islamic Republic of Iran’s Ministry of Intelligence.
   • – On 5 October 2007, to celebrate World Teachers’ Day the ITTA formally applied for membership in EI. Later, the apartments of ITTA Superintendent Mr Baghani and Mr Khaksari were raided; their computers and EI membership application documents were stolen. On 30 November 2007, an ITTA representative indicated that as a result of the Government’s intimidation many teachers appeared afraid of joining EI.
   • – On 26 September 2007, nine members of the ITTA of Hamedan were put on trial in the 106th branch of the Revolutionary Court of Hamedan Province. This was their second trial for “disturbing social order”, “issuing announcements”, and “holding illegal gatherings”. The teachers defended themselves on the basis of article 27 of the Constitution, and reminded the authorities that the ITTA Hamedan is a registered entity that can legally pursue labour activities. Some of these nine people have also received disciplinary sentences from the Administrative Disciplinary Board: to date, Yousef Zareie is exiled for 36 months to Ham; Nader Ghadimi is exiled for 60 months to northern Khorasan; Hadi Gholami is suspended for 12 months and Yousef Refahiyat has had his pay reduced by two grades. The Revolutionary Court also issued pay cuts ranging from 10,000 to 200,000 toumans to over 700 regular teachers who were identified as having participated in labour protests.
   • – On 6 October 2007 ITTA Central Council member, Ali Asghar Montajabi, was given a suspended sentence of four years’ imprisonment by the 15th branch of the Revolutionary Court on the charge of “gathering and conspiring to disturb national security” (in accordance with section 610 of the Penal Code). ITTA member Mohammad Tachi Falahi was also convicted of the same charge and given a suspended sentence of three years’ imprisonment.
   • – On 17 October 2007, Mohammad Khaksari, editor-in-chief of the Teachers’ Pen, was summoned by the court to pay the highest bail of any of the teachers so far: $100,000. On 23 October 2007 12 teachers from Tehran, all members or leaders of the ITTA, were sentenced to prison terms ranging from two to five years sentenced by the Revolutionary Court of the Islamic Republic of Iran. All of their sentences were suspended, save those of Alireza Hashemi, whose prison term of three years was to be served immediately, and Mohammad Davari, whose sentence of five years’ imprisonment was also to be served immediately but was exchangeable for a cash fine.
   • – Around November 2007, the following sentences were issued by the Mashad Revolutionary Court to teachers from Khorasan: Hadi Lotfi – four months’ suspended prison sentence for three years, exchangeable in exchange for $1,000 fine; Hassan Rajabi – four months’ suspended prison sentence for three years, exchangeable for $1,000 fine (he was also banned from all official positions for four years); Iraj Towbihai Najafabadi –- Reduction of one grade in pay for two years (reviewable); Professor Khastar – Early retirement with reduction of one grade in pay as ordered by the Administrative Infractions Board of the Education Department.
   • – On 14 December 2007, nine teachers were convicted in the 106th Criminal Court of Hamedan and sent to jail for 91 days.
   • – As of 28 February 2008, 165 teachers who had peacefully marched in February, March, and May 2007 in support of improved working conditions and dialogue with the Government were convicted on criminal charges. Most were charged with “gathering and conspiring and acting against the national security by participating in illegal gatherings and speaking out against the authorities by providing information to the enemies and opposition groups and propaganda against the Islamic Republic of Iran”. The teachers concerned have either been dismissed, made to retire, exiled or suffered pay cuts following decisions by the Disciplinary Board of the Education Ministry. Some teachers have even been sentenced to suspended prison terms (ranging from one to five years) by the Revolutionary Courts, and most had also suffered periods of detention in solitary confinement. (The list of teachers is attached as an annex).
   • – As indicated in the annex, ITTA Superintendent Ali Akbar Baghani was detained for 30 days, suspended from service for three months, condemned to two years in exile and sentenced to a suspended prison term of five years. ITTA spokesperson Beheshti Langroodi was detained twice (for 31 and 17 days in solitary confinement, respectively) and sentenced to a suspended prison term of four years. CCCWA members Mohammad Davari and Ali Poursoleiman were both condemned to three months’ suspension of service and 2 years in exile following 19 days of detention in solitary confinement; Mohammad Davari was also sentenced to three years in prison. TAI leader Alireza Hashemi was detained for 16 days in solitary confinement, suspended from service for three months, exiled for two years and sentenced to three years in prison. Mohammad Khaksari, editor-in-chief of the Teachers’ Pen, was only detained for one day but had to pay $100,000 bail.
   • – In February 2008 the Interior Ministry issued a statement prohibiting teacher associations from carrying out legitimate union activities, and security forces had prevented the ITTA’s Coordinating Council from holding meetings.
2. 977. The Committee takes note of the Government’s indications with respect to the registration status of several of the organizations referred to in the complaint. According to the Government, the CCCWA’s registration was not approved by the Ministry of the Interior. The TAI and the ITTA moreover were registered not technically as trade unions but rather as political parties in December and November 2000, respectively. The Article 10 Commission, which monitors the proper implementation of political parties’ constitutions, had ruled that the TAI was legally obliged to hold a new election of directors in order to resume its activities, as the term of office of its Board of Directors had expired. As for the ITTA, it had lost its validity by failing to comply with its own articles of association. On 24 April 2007, the Article 10 Commission requested that the ITTA suspend its activities until it renewed its registration; a case concerning the ITTA’s status was pending before the said Commission.
3. 978. The Committee observes, firstly, that a discrepancy appears to exist between the complainant’s allegations – which maintain that many teachers’ groups had been registered with the Ministry of the Interior as authorized teachers’ associations, without specific mention of the CCCWA, the TAI or the ITTA – and the Government’s indications above. The Committee also notes that the Government’s information appears to be contradictory, in so far as the ITTA is included in the list of teachers’ associations registered with the Ministry of the Interior, and provides no explanation as to why the CCCWA’s registration was denied by the Ministry of the Interior.
4. 979. As concerns the registration of organizations, the Committee recalls that in another case before it concerning the Islamic Republic of Iran it had referred to a number of legislative provisions it considered to be contrary to freedom of association principles, and had requested the Government to amend the existing legislative framework so as to ensure that employers’ and workers’ organizations may exercise their freedom of association rights freely and without interference by the public authorities [see Case No. 2567, 350th Report, paras 1108–1166]. The Committee further observes that traditionally workers’ organizations in the Islamic Republic of Iran have chosen to register themselves either in the Ministry of the Interior or in the Ministry of Labour, without any consequence as to the role that they play as workers’ organizations in the defence of the occupational interests of their members. It further recalls that the fact that an organization has not been officially recognized does not justify the rejection of allegations when it is clear from the complaints that this organization has at least a de facto existence [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 35 of the annex]. With reference to the abovementioned principle, the Committee considers that the CCCWA, the TAI and the ITTA have, by virtue of their activities on behalf of their members, demonstrated a de facto existence as workers’ organizations.
5. 980. The Committee observes that the violations of trade union rights alleged by the complainant relate, for the most part, to the rallies and strikes organized by the teachers’ unions in support of the passage of the Pay Parity Bill, as well as to the issuance of a trade union publication (Teachers’ Pen) and international trade union activities. With regard to the rallies and strikes organized by the teachers’ unions, the Committee firstly recalls that freedom of association implies not only the right of workers and employers to form freely organizations of their own choosing, but also the right for the organizations themselves to pursue lawful activities – including peaceful demonstrations – for the defence of their occupational interests. Moreover, the Committee has always recognized the right to strike by workers and their organizations as a legitimate means of defending their economic and social interests [see Digest, op. cit., paras 495 and 521].
6. 981. As concerns the serious allegations of the arrest and detention of trade unionists on several occasions between March and May 2007, which were often undertaken without legal warrant and attended by acts of violence on the part of security forces, the Committee notes the Government’s indications, particularly the following:
   • – On 7 March 2007, a few teachers were summoned to court and given mild suspended penalties due to their continued hostile actions. Almost all of them were shortly released through the intervention of the then Minister of Education. These arrests were targeted at subversive elements within the teachers’ movement who intended to use the teachers’ legitimate claims in order to spread social unrest. Forty others were also arrested on charges of having attended an illegal gathering; they were required to appear before the courts and would receive very light penalties, if any at all.
   • – Twenty persons were arrested on 8 March, and six others on 9 March 2007. On 14 March 2007 approximately 200 persons were arrested. Most were released almost immediately; a few of them, however, are to appear before the court on charges of social disturbance.
   • – On 7 April 2007 approximately 45 persons were arrested with warrants in Hamedan for intending to initiate a closure of all schools in the province. All of them were released within approximately one week of the arrests, and charges were brought against nine of them, which were heard in Branch No. 106 of the Public Criminal Court of Hamedan on 25 September 2007.
7. 982. The Committee deplores the fact that that the Government, as in other cases before the Committee concerning the arrest and detention of trade unionists for engaging in demonstrations [see, e.g., Case No. 2508, 350th Report, para. 1104] provides little specific information respecting these allegations: indeed, as in that case the Government’s reply amounts to little more than general statements that the arrests were targeted at “subversive elements”, or made in cases of “social disturbance”, and that those arrested would be treated leniently. From the Government’s reply the Committee further observes that warrants were apparently issued only with respect to the 7 April 2007 arrests, and that acts of violence, though generally denied by the Government, did occur in the context of minor clashes between the police and demonstrators in March 2007. In these circumstances, the Committee is compelled to recall that the arrest and detention of trade unionists without any charges being brought or court warrants being issued constitutes a serious violation of trade union rights [see Digest, op. cit., para. 69]. Furthermore, the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace [see Digest, op. cit., para. 140]. Accordingly, the Committee requests the Government to take the necessary measures to ensure that trade unionists may exercise their freedom of association rights, including the right to peaceful assembly, without fear of intervention by the authorities. It further requests the Government to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations.
8. 983. The Committee expresses deep concern over the fact that the Government provides no reply to the allegation that, during their period of detention, several trade unionists had been blindfolded, handcuffed and housed in unhygienic conditions. The Committee considers that detained trade unionists, like all other persons, should enjoy the guarantees enunciated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person [see Digest, op. cit., para. 54]. It therefore requests the Government to undertake an independent inquiry into these allegations of ill-treatment and, if they are proven true, to compensate the concerned parties for any damages suffered as a result of the said treatment.
9. 984. The Committee notes with grave concern the allegation of the conviction of 165 teachers who had participated in the March–May 2007 protests, mostly on grounds of “gathering and conspiring and acting against the National Security by participating in illegal gatherings and speaking out against the authorities by providing information to the enemies and opposition groups and propaganda against the Islamic Republic of Iran”. It further notes with concern that, of those convicted, several were handed down especially severe sentences: 12 teachers from Tehran received suspended prison sentences of periods from two to five years in length in October 2007, and in November 2007 four teachers from Khorasan received punishments ranging from suspended prison sentences, of four months in length, to forced retirement with a reduction of one pay grade. The Committee observes in this connection that, according to the Government, several individuals had been convicted in relation to the arrests of 14 March and 7 April 2007. The Government further contends that all charged persons mentioned in the complaint were prosecuted on grounds of organizing secret meetings, forming illegal groups, cooperating with opposition groups, or conspiring against national security, and that they all enjoyed the right to defence counsel and to appeal their convictions. Given the lack of more detailed and specific information respecting these serious allegations, however, the Committee is bound to recall that in cases where the complainants alleged that trade union leaders or workers had been arrested for trade union activities, and the Government’s replies amounted to general denials of the allegation or were simply to the effect that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has followed the rule that the Government concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings, in order to be able to make a proper examination of the allegations [see Digest, op. cit., para. 111]. Furthermore, in view of the prosecution of many other trade unionists on similar charges of “propaganda against the State” and “acting against national security” in other cases concerning the Islamic Republic of Iran presently before the Committee [see, e.g., Case No. 2508, 346th Report paras 1130–1191], the Committee considers that the situation obtaining in the country may be characterized by regular violations of civil liberties and a systematic use of the criminal law to punish trade unionists for engaging in legitimate trade union activities. In these circumstances, the Committee urges the Government to ensure that the charges against all the trade unionists relating to their participation in the March–May 2007 protests are immediately dropped, that their sentences are annulled, and that they are fully compensated for any damages suffered as a result of the convictions.
10. 985. The Committee notes with grave concern the serious allegations concerning trade unionist Farzad Kamangar. According to these allegations Mr Kamangar has been detained in various prisons since July 2006, and on 25 February 2008 was found guilty by the Tehran Revolutionary Court of endangering national security and being “moharebeh” (in “enmity with God”) for his alleged affiliation with the Kurdistan Workers’ Party, or PKK. Procedural irregularities attended the trial: Mr Kamangar was not allowed to testify in his defence, and the lone presiding judge spent only five minutes reviewing the case; nevertheless his death sentence was confirmed by the Supreme Court on 11 July 2008. Mr Kamangar, furthermore, has been subject to regular torture and severe beatings throughout his detention. The Committee observes with deep concern that the allegations concerning Mr Kamangar possess many elements in common with the criminal prosecutions of trade unionists discussed above – most notably in that he was convicted on grounds of endangering national security, in a trial marked by the absence of full guarantees of due process of law. In view of the extremely serious nature of these allegations, moreover, the Committee urges the Government to immediately stay the execution of the death sentence, annul Mr Kamangar’s conviction, and secure his release from detention. It also requests the Government to undertake an independent inquiry into the allegations of torture inflicted upon Mr Kamangar during his detention and, if proven true, to compensate him for any damages suffered as a result of the said treatment. Further noting the allegation that several members of the “Save Farzad Committee” established to demonstrate solidarity with Mr Kamangar have been arrested, detained, and subject to threats and intimidation, the Committee requests the Government to take the necessary steps to ensure that trade unionists may exercise their freedom of association rights, including the right to engage in peaceful expressions of solidarity, without fear of intervention by the authorities.
11. 986. As concerns the penalties of suspension, for periods ranging from two months’ suspension to a life ban from teaching for the participants in the April 2007 sit-in strike and other protest actions, the Committee deeply regrets that the Government provides no reply to this allegation, apart from stating that one individual – Mokhtar Asadi – had been suspended for violating disciplinary and workplace laws. The Committee recalls in this regard that no person should be prejudiced in employment by reason of trade union membership or legitimate trade union activities, whether past or present. Furthermore, protection against anti-union discrimination should cover not only hiring and dismissal, but also any discriminatory measures during employment, in particular transfers, downgrading and other acts that are prejudicial to the worker [see Digest, op. cit., paras 770 and 781]. The Committee requests the Government to initiate an independent inquiry into the allegations of discriminatory suspension and, if they are proven true, to lift the suspensions and any other prejudicial measures and compensate the parties concerned for any damages, including back pay, incurred as a result of their imposition.
12. 987. The Committee deeply regrets the Government’s failure to reply to the allegations of raids on trade unionists’ residences on 11 April and 5 October 2007. It notes that the former involved the confiscation of computers and materials belonging to writers of the ITTA publication Teachers’ Pen, while in the course of the latter raid materials and EI application documents were seized. Observing further that the authorities had banned the Teachers’ Pen and prohibited the newspapers from publishing news of the protests, the Committee recalls that the publication and distribution of news and information of general or special interest to trade unions and their members constitute legitimate trade union activity, and the application of measures designed to control publication and means of information may involve serious interference by administrative authorities with this activity. It requests the Government to take the necessary measures, including the lifting of the bans on the Teachers’ Pen and the publication of news concerning protests or other labour-related activities, to ensure the right of trade unions to issue publications and express its opinions to the press. In respect of the October 2007 raid on trade unionists’ residences, the Committee recalls that a workers’ organization should have the right to join the federation and confederation of its own choosing, subject to the rules of the organizations concerned and without any previous authorization [see Digest, op. cit., para. 722]. Also noting the allegation that Mr Khaksari had been detained and questioned with regard to his participation in the July 2007 EI World Congress, and that his passport had been confiscated, the Committee requests the Government to ensure the return of Mr Khaksari’s passport, as well as the right of workers’ organizations to join the federation and confederation of their own choosing – including the right to participate in international trade union meeting – free from interference by the authorities. The Committee furthermore requests the Government to initiate an independent inquiry into the confiscation of trade unionists’ property during both raids and, if the confiscations are found to be in violation of freedom of association principles, to fully compensate the parties concerned for any losses incurred.
13. 988. The Committee is compelled to express its deep concern with the seriousness of the trade union climate in the Islamic Republic of Iran and calls the Governing Body’s special attention to the situation. It once again requests the Government to accept a direct contacts mission in respect of the matters currently pending before the Committee.

The Committee's recommendations

1. 989. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to amend the existing legislative framework so as to ensure that employers’ and workers’ organizations may exercise their freedom of association rights freely and without interference by the public authorities.
   • (b) The Committee requests the Government to take the necessary measures to ensure that trade unionists may exercise their freedom of association rights, including the right to peaceful assembly, without fear of intervention by the authorities. It further requests the Government to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations.
   • (c) The Committee requests the Government to undertake an independent inquiry into the allegations of ill-treatment endured by trade unionists in the course of their detention and, if they are proven true, to compensate the concerned parties for any damages suffered.
   • (d) The Committee urges the Government to ensure that the charges against all the trade unionists relating to their participation in the March–May 2007 protests are immediately dropped, that their sentences are annulled, and that they are fully compensated for any damages suffered as a result of the convictions.
   • (e) The Committee urges the Government to immediately stay the execution of Farzad Kamangar’s death sentence, annul his conviction and secure his release from detention. It also requests the Government to undertake an independent inquiry into the allegations of torture inflicted upon Mr Kamangar during his detention and, if proven true, to compensate him for any damages suffered as a result of the said treatment. Further noting the allegation that several members of the “Save Farzad Committee” established to demonstrate solidarity with Mr Kamangar have been arrested, detained, and subject to threats and intimidation, the Committee requests the Government to take the necessary steps to ensure that trade unionists may exercise their freedom of association rights, including the right to engage in peaceful expressions of solidarity, without fear of intervention by the authorities.
   • (f) The Committee requests the Government to initiate an independent inquiry into the allegations of discriminatory suspension and, if they are proven true, to lift the suspensions and any other prejudicial measures and compensate the parties concerned for any damages, including backpay, incurred as a result of their imposition.
   • (g) The Committee requests the Government to take the necessary measures, including the lifting of the bans on the Teachers’ Pen and the publication of news concerning protests or other labour-related activities, to ensure the right of trade unions to issue publications and express its opinions to the press. It further requests the Government to ensure the return of Mr Khaksari’s passport, as well as the exercise of the right of workers’ organizations to join the federation and confederation of their own choosing – including the right to participate in international trade union meetings – free from interference by the authorities. The Committee furthermore requests the Government to initiate an independent inquiry into the confiscation of trade unionists’ property during the April and October 2007 raids on trade unionists’ residences and, if the confiscations are found to be in violation of freedom of association principles, to fully compensate the parties concerned for any losses incurred.
   • (h) The Committee expresses its deep concern with the seriousness of the trade union climate in the Islamic Republic of Iran and calls the Governing Body’s special attention to the situation. It once again requests the Government to accept a direct contacts mission in respect of the matters currently pending before the Committee.

Annex

1. Name
2. City of service
3. Sentence
4. Bail for release
5. 1.
6. Hamid Mojiri
7. Khomini Shahr
8. Three years’ exile to Yazd
9. –
10. 2.
11. Sayed Mojtaba Abtahi
12. Khomini Shahr
13. Early retirement/30 days’ detention/one grade diminished
14. $40,000
15. 3.
16. Abdolrasoul Emadi
17. Khomini Shahr
18. Three years’ exile to Arak
19. –
20. 4.
21. Ms Dibaji
22. Khomini Shahr
23. Early retirement
24. –
25. 5.
26. Satar Zareie
27. Khomini Shahr
28. Two years’ exile to Semnan Province
29. –
30. 6.
31. Norolah Barkhordar
32. Khomini Shahr
33. Three years’ exile to Kohgilvieh va Boyerahmad
34. –
35. 7.
36. Naser Jazinie
37. Khomini Shahr
38. Two years in exile to Ghom
39. –
40. 8.
41. Ms Sherafat
42. Khomini Shahr
43. Punishment and record in her file
44. –
45. 9.
46. Esmaiel Akbari
47. Khomini Shahr
48. Three years in exile
49. –
50. 10.
51. Hadi Mirzaiee
52. Tehran
53. 52 days’ detention in solitary confinement
54. Three-year suspended prison and $10,000 cash fine
55. $60,000 (2003)
56. 11.
57. Mahmoud Beheshti
58. Tehran
59. Twice detention: 31 and 17 days’ detention in solitary confinement
60. Four-year suspended prison
61. $50,000 and
62. $30,000
63. 12.
64. Aliakbar Baghani
65. Tehran
66. 30 days’ detention/three months’ suspension from service/two years in exile
67. Five-year suspended prison
68. $30,000
69. 13.
70. Mohammad Khaksari
71. Tehran
72. One-day detention
73. Two-year suspended prison
74. $100,000
75. 14.
76. Mahmoud Dehghan
77. Tehran
78. Eight days’ detention
79. Personal security deposit
80. 15.
81. Khatoun Badpar
82. Tehran
83. One-day detention
84. Personal security deposit
85. 16.
86. Alireza Akbari Nabi
87. Tehran
88. 26 days’ detention in solitary confinement/two-year suspended prison
89. $30,000
90. 17.
91. Hamid Pourvosough
92. Tehran
93. 26 days’ detention in solitary confinement/three months’ suspension from service/three-year suspended prison sentence
94. $30,000
95. 18.
96. Mohammadreza Rezaiee
97. Tehran
98. 26 days’ detention in solitary confinement/three months’ suspension from service/three-year suspended prison
99. $30,000
100. 19.
101. Asghar Zati
102. Tehran
103. 40 days’ detention/two-year suspended prison
104. $70,000 (2003)
105. 20.
106. Karim Ghashghavi
107. Tehran
108. 16 days’ detention/three-year suspended prison
109. $30,000
110. Name
111. City of service
112. Sentence
113. Bail for release
114. 21.
115. Mohammadtaghi Falahi
116. Tehran
117. 29 days’ detention/three-year suspended prison
118. $30,000
119. 22.
120. Mahmoud Bagheri
121. Tehran
122. 33 days’ detention in solitary confinement
123. $30,000
124. 23.
125. AIisafar Montajabi
126. Tehran
127. 26 days’ detention/four-year suspended prison
128. $30,000
129. 24.
130. Mrs Soraya Darabi
131. Tehran
132. Ten days’ detention
133. $40,000
134. 25.
135. Rasoul Bodaghi
136. Tehran
137. 16 days’ detention in solitary confinement/deduction of four days’ salary/one grade was diminished for two years/two-year suspended prison
138. $30,000
139. 26.
140. Mohsen Kamali
141. Tehran
142. 16 days’ detention in solitary confinement
143. $30,000
144. 27.
145. Mirakbar Raieszadeh
146. Tehran
147. 14 days’ detention
148. $80,000
149. 28.
150. Norolah Akbari
151. Tehran
152. 19 days’ detention in solitary confinement/five-year suspended prison
153. $30,000
154. 29.
155. Mohammad Davari
156. Tehran
157. 19 days’ detention in solitary confinement/three months’ suspension from service/sentenced to three-year prison/two years exile
158. $30,000
159. 30.
160. Ali Poursoleiman
161. Tehran
162. 19 days’ detention in solitary confinement/three months’ suspension from service/two years in exile
163. $30,000
164. 31.
165. Reza Abdi
166. Tehran
167. Six days’ detention
168. 3rd person security deposit
169. 32.
170. Saieed Tadayoni
171. Tehran
172. Detention
173. 3rd person security deposit
174. 33.
175. Ms Tayebeh Mirzaiee
176. Tehran
177. Detention
178. 3rd person security deposit
179. 34.
180. Nader Ahangari
181. Tehran
182. Detention
183. 3rd person security deposit
184. 35.
185. Asghar Ghanbari
186. Tehran
187. Detention
188. 3rd person security deposit
189. 36.
190. Abdolhamid Mansouri
191. Tehran
192. Detention
193. 3rd person security deposit
194. 37.
195. Akbar Akbari
196. Tehran
197. Detention
198. 3rd person security deposit
199. 38.
200. Alireza Hashemi
201. Tehran
202. 16 days’ detention in solitary confinement/three months’ suspension from service/three-year final prison sentence/two-year exile
203. $30,000
204. 39.
205. Yousef Mostafalou
206. Tehran
207. Three months’ suspension from service
208. –
209. 40.
210. Esmail Rasoulkhani
211. Robat Karim
212. Detention
213. 3rd person security deposit
214. 41.
215. Hosein Rameshkr
216. Robat Karim
217. Three days’ detention/three months’ suspension from service
218. 3rd person security deposit
219. 42.
220. Ghorbanali Nikaysh
221. Robat Karim
222. Three months’ suspension from service
223. –
224. 43.
225. Mohammad Reza Sanjabie
226. Robat Karim
227. Three months’ suspension from service
228. –
229. Name
230. City of service
231. Sentence
232. Bail for release
233. 44.
234. John Hosein Didar Amin
235. Ghale Hasankhan
236. Three months’ suspension from service
237. –
238. 45.
239. Taimour Hassanpour
240. Ghale Hasankhan
241. Three months’ suspension from service
242. –
243. 46
244. Golmostafa Ghahremanl
245. Karaj
246. Detention
247. 3rd person security deposit
248. 47.
249. Reza Abdi
250. Karaj
251. 14-day detention
252. $40,000
253. 48.
254. Mokhtar Asadi
255. Karaj
256. Three years’ exile/two months’ suspension from service
257. –
258. 49.
259. Nader Ghadimi
260. Hamedan
261. Ten days’ detention/five-year exile/91 days’ prison sentence
262. 3rd person security deposit
263. 50.
264. Yousef Refahiat
265. Hamedan Ten
266. Ten days’ detention/two grades were diminished for one year/91 days’ prison sentence
267. 3rd person security deposit
268. 51.
269. Ali Najafi
270. Hamedan
271. Ten days’ detentlon/91 days’ prison sentence
272. 3rd person security deposit
273. 52.
274. Hadi Gholaml
275. Hamedan
276. Ten days’ detention/one year suspension from service/91 days’ prison sentence
277. 3rd person security deposit
278. 53.
279. Yousef Zareiee
280. Hamedan
281. Nine days’ detention/three years’ exile/91 days’ prison sentence, served
282. 3rd person security deposit
283. 54.
284. Ali Sadeghi
285. Hamedan
286. Eight days’ detention/91 days’ prison finalized sentence
287. –
288. 55.
289. Jalal Naderi
290. Hamedan
291. Eight days’ detention/91 days’ prison sentence, served
292. –
293. 56.
294. Mahmoud Jalilian
295. Hamedan
296. Eight days’ detention/91 days’ prison sentence, served
297. –
298. 57.
299. Majid Forouzanfar
300. Hamedan
301. Eight days’ detention/91 days’ prison sentence, served
302. 3rd person security deposit
303. 58.
304. lraj Ansari
305. Hamedan
306. Three days’ detention/three months’ suspension from service
307. 3rd person security deposit
308. 59.
309. Nasrolah Dousti
310. Hamedan
311. Eight months’ suspension from service
312. 3rd person security deposit
313. 60.
314. Ghalandar Razan
315. Hamedan
316. Written punishment recorded in the file
317. –
318. 61.
319. Ahmadvad
320. Hamedan
321. Written punishment recorded in the file
322. –
323. 62.
324. Razan Moradi
325. Hamedan
326. Two months’ suspension from service
327. –
328. 63.
329. Mahmoud Hekmati
330. Hamedan
331. Four months’ suspension from service
332. –
333. 64.
334. Rzan Mohammadi
335. Hamedan
336. Four months’ suspension from service
337. –
338. 65.
339. Amir Asadian
340. Hamedan
341. Diminished the position from teaching to office assistant
342. –
343. 66.
344. Bahman Goudarzzadeh
345. Isfahan
346. Two years’ exile to Maimeh
347. –
348. 67.
349. Mostafa Sepehmia
350. Isfahan
351. Early retirement/reduced one grade
352. –
353. 68.
354. Kazem Yousefi Zamanabad
355. Isfahan
356. Reduced one grade for two years
357. –
358. Name
359. City of service
360. Sentence
361. Bail for release
362. 69.
363. Yadolah Shabani
364. lsfahan
365. One-day detention
366. $100,000
367. 70.
368. Said Aboutalebi
369. Isfahan
370. Reduced one grade for one year
371. –
372. 71.
373. Abdolkarim Noukandi
374. Isfahan
375. Written punishment and recorded in the file
376. –
377. 72.
378. Morteza Siahkari
379. Isfahan
380. 73.
381. Kadijeh Ganji
382. Isfahan
383. 74.
384. Hamid Rahmati
385. Shahreza
386. Two days’ detention/two-year exile
387. –
388. 75.
389. Gholamreza Shirvani
390. Felaverjan
391. Detention
392. 3rd person security deposit
393. 76.
394. Hemat Shabani
395. Kermanshah
396. Detention
397. 3rd person security deposit
398. 77.
399. Abas Mousavi Moradi
400. 4 dangeh Sari
401. Detention
402. 3rd person security deposit
403. 78.
404. Gholamali Abasi
405. Ardabil
406. Three days’ detention
407. 3rd person security deposit
408. 79.
409. Arsalan Ahmadzadeh
410. Ardabil
411. Three days’ detention
412. 3rd person security deposit
413. 80.
414. Saied Fathi
415. Ardabil
416. Three days’ detention
417. 3rd person security deposit
418. 81.
419. Hadi Lotfinia
420. Khorasan
421. Four days’ detention/four-month prison sentence or $1,000 fine
422. $50,000
423. 82.
424. lraj Najaf Abadi
425. Khorasan
426. Seven days’ detention/reduced one grade for two years
427. $80,000
428. 83.
429. Hasan Rajabi
430. Khorasan
431. Eight days’ detention/four-month prison sentence or $1,000 fine
432. $150,000
433. 84.
434. Mahmoud Delasamroui
435. Khorasan
436. Deduction 1/10 salary for one year
437. –
438. 85.
439. Hassan Naghedi
440. Khorasan
441. Deduction 1/10 salary for six months
442. –
443. 86.
444. Gholamreza Ahmadi
445. Torbat e Haydarieh
446. Two days’ detention/three months’ suspension from service
447. 3rd person security deposit
448. 87.
449. Ms Hayedh Shahidi
450. Torbat e Haydarieh
451. Reduced one grade for one year
452. 88.
453. Sayed Hashem Khastar
454. Khorasan
455. Three-year suspended prison sentence/imposed early retirement/reduced one grade
456. $250,000
457. 89.
458. Ali Heshmati
459. Kermanshah
460. 11 days’ detention
461. 3rd person security deposit
462. 90.
463. Mohammad Tavakoli
464. Kermanshah
465. Two detentions: 11 days and 27 days
466. 3rd person security deposit/$50,000
467. 91.
468. Ali Sadeghi
469. Kermanshah
470. Two detentions: seven days and 11 days
471. $30,000/3rd person security deposit
472. 92.
473. Asadolah Hayrani
474. Kermanshah
475. Seven days’ detention
476. 3rd person security deposit
477. Name
478. City of service
479. Sentence
480. Bail for release
481. 93.
482. Jahandar Lorestani
483. Kermanshah
484. Five days’ detention
485. 3rd person security deposit
486. 94.
487. Kumars Lorestani
488. Kermanshah
489. Seven days’ detention
490. 3rd person security deposit
491. 95.
492. Payman Noudinian
493. Sanandaj
494. Two years’ exile/two months’ suspension from service
495. –
496. 96.
497. Farzad Asadpour
498. Sanandaj
499. Three-year exile to Baneh
500. –
501. 97.
502. Eskandar Lotfi
503. Sanandaj
504. Three years’ exile
505. –
506. 98.
507. Loghman Sedaghat
508. Baneh
509. Dismissed (service-based teacher with seven years’ experience)
510. –
511. 99.
512. Siamak Moradi
513. Baneh
514. Dismissed (service-based teacher with four years’ experience)
515. –
516. 100.
517. Mohammad Ali Shirazi
518. Yazd
519. 14 days’ detention/two years’ exile
520. –
521. 101.
522. Mohammad Javad Hesamifar
523. Yazd
524. 14 days’ detention/two years’ exile
525. $10,000 (2003)
526. 102.
527. Ahmad Changizi
528. Yazd
529. 14 days’ detention/two years’ exile
530. $14,000 (2003)
531. 103.
532. Mansour Mirzaiee
533. Yazd
534. Two detentions: 14 days and 26 days/two years’ exile
535. $14,000 and $80,000
536. 104.
537. Ramezanali Nejati
538. Yazd
539. Sentenced to $140 in cash fine and two years’ exile
540. $14,000 (2003)
541. 105.
542. Aliakbar Chkhmagh
543. Yazd
544. Sentenced to $140 in cash fine and two years’ exile
545. $14,000 (2003)
546. 106.
547. Ali Moghimee
548. Yazd
549. Sentenced to $140 in cash fine and two years’ exile
550. $14,000 (2003)
551. 107.
552. Mohammad Ali Shahedi
553. Yazd
554. Sentenced to $140 in cash fine and two years’ exile
555. $14,000 (2003)
556. 108.
557. Gholamreza Dashan
558. Tabriz
559. Three months’ suspension from service
560. –
561. 109.
562. Hasan Kharatian
563. Tabriz
564. Deducted two months’ salary
565. –
566. 110.
567. Tofigh Mortezapour
568. Tabriz
569. Waiting for order
570. –
571. 111.
572. Godarz Shafieeyan
573. Mamasani/Fars
574. One-day detention/deducted one-day salary
575. –
576. 112.
577. Taimour Bagheri Koudakani
578. Rasht
579. Four days’ detention in solitary confinement in 2004/six days’ detention in general ward in 2007/prohibited from teaching
580. –
581. 113.
582. Anoush Arefi
583. Rasht
584. Four days’ detention in solitary confinement in 2004 and six days’ detention in general ward in 2007
585. –
586. 114.
587. Yadolah Baharestani
588. Rasht
589. Four days’ detention in solitary confinement in 2004 and six days’ detention in general ward in 2007
590. 115.
591. Amadeh Younes
592. Rasht
593. Four days’ detention in solitary confinement in 2004 and six days’ detention in general ward in 2007
594. Name
595. City of service
596. Sentence
597. Bail for release
598. 116.
599. Hamidreza Haghighi
600. Rasht
601. Four days’ detention in solitary confinement in 2004 and six days’ detention in general ward in 2007
602. –
603. 117.
604. Mohammadali Naghavi
605. Rasht
606. Detention for eight hours and interrogated
607. –
608. 118.
609. Masoud Fayaz Sandi
610. Rasht
611. Dismissed from management position
612. 119.
613. Housein Pour
614. Rasht
615. Dismissed from management position
616. –
617. 120.
618. Hosein Zekri
619. Astaneh
620. Four days’ detention in solitary confinement in 2004 and six days’ detention in general ward 2007
621. –
622. 121.
623. Mohammad Javad Saiedi Hojati
624. Lahijan
625. Four days’ detention in solitary confinement in 2004 and six days’ detention in general ward in 2007
626. 122.
627. Mahmoud Sedighipour
628. Roudsar
629. Four days’ detention in solitary confinement in 2004 and six days’ detention in general ward in 2007
630. –
631. 123.
632. Siavoush Lahouti
633. Roudsar
634. Four days’ detention in solitary confinement in 2004 and six days’ detention in general ward in 2007
635. –
636. 124.
637. Sahranavard
638. Kouchesfehan
639. Detention for eight hours and interrogated
640. 125.
641. 40 teachers
642. Hamedan
643. Each of them was in detention for a couple of days
644. 3rd person security deposit